Loder v. Hatfield
New York Supreme Court
APPEAL by defendants from a judgment in favor of plaintiff entered upon the decision of the court. The action was brought by Hannah Loder, as administratrix, etc., of Eunice Hatfield, deceased, against Hilbert J.,Hatfield and others, to recover two legacies.
Read the full summary
APPEAL by defendants from a judgment in favor of plaintiff entered upon the decision of the court. The action was brought by Hannah Loder, as administratrix, etc., of Eunice Hatfield, deceased, against Hilbert J.,Hatfield and others, to recover two legacies. The facts were these : Joshua Hatfield died August 7, 1820, leaving a will by which he devised the farm upon which he lived to his son Jonathan Hatfield, the husband of one of the defendants, and father of the other defendants, “on the following conditions and proviso,” among others : “I order and direct my said son Jonathan to pay unto…
1Opinion of the CourtBrady, J.
It is conceded by the appellant that the legacies to Sarah and Eunice are payable out of the real estate of the testator, *231and that if the payment of them is postponed in regard to the convenience of the person, and the circumstances of the estate, charged with the legacies, and not on account of the age, circumstances and condition of the legatee, or, in other words, was postponed for the benefit of the devisee or the estate devised to him, then they did not lapse and fall into the inheritance either by the death of the legatees before marriage or their failure to depart from the house of the…
2Cases cited10 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Harris v. FlyNew York Court of Chancery · 1839
- McCartee v. CamelNew York Court of Chancery · 1846
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Marsh v. WheelerNew York Court of Chancery · 1834
5 more not listed; retrieve them via the Exa API.